General terms of use

1. Preamble

1.1 These Terms and Conditions (hereinafter “T&C”) govern the contractual relationship between Mulakhel LLC, Avenue Jean-Marie-Musy 14, 1700 Fribourg, (hereinafter “the Service Provider”), and any individual or legal entity that uses its services (hereinafter “the Client”).

1.2 Any request for services implies the Client’s full and unconditional acceptance of these T&C. Any conflicting terms proposed by the Client are, in the absence of express acceptance, unenforceable against the Service Provider.

2. Services offered

2.1 The Service Provider offers professional IT services, including:

• Support for task automation
• Assistance with process optimization
• System security support
• Support for the digital transition
• Support for the integration of new technologies
• Development of custom solutions

2.2 The details of the services and their exact scope are defined on a case-by-case basis with each Client, as part of a quote or a specific agreement.

3. Drafting the contract

3.1 Every collaboration begins with an initial, free, no-obligation consultation designed to understand the client’s needs and assess the suitability of a partnership.

3.2 Following this discussion, the Service Provider will provide the Client with a customized quote specifying the nature of the services, the estimated scope, the applicable rate, and the terms of performance. The quote is valid for 30 days from the date of issuance, unless otherwise specified.

3.3 A confidentiality agreement may be signed between the parties at the start of a collaboration when it involves sensitive matters.

4. Rates and financial terms

4.1 Rates are listed in Swiss francs (CHF) and are based on a personalized quote. They may take the form of a monthly flat rate or a project-based rate.

4.2 Payment is made by bank transfer to the account provided by the Service Provider. Any bank fees are the responsibility of the Client.

4.3 In the event of a late payment, the Service Provider reserves the right, after a reminder has gone unanswered for 15 days, to:

• To apply default interest at the Swiss statutory rate of 5% per year (Art. 104, para. 1, CO)
• To suspend all ongoing services until the matter is resolved
• To claim reimbursement for reasonable collection costs incurred

5. Term and termination

5.1 For one-time assignments, the collaboration ends upon completion of the service and full payment of the corresponding invoice.

5.2 For ongoing collaborations, either party may terminate the agreement by providing three months’ written notice, without any compensation due to the other party, except for services currently in progress, which remain payable on a pro rata basis.

5.3 In the event of a material breach of its obligations by either party, the other party may terminate the collaboration without notice, following a formal notice that has remained unanswered for 15 days.

6. Liability

6.1 The Service Provider shall be liable only in the event of proven negligence. In any event, such liability is limited to the total amount of fees paid by the Client for the relevant assignment during the past twelve months.

6.2 The Service Provider shall not be held liable for any indirect damages, loss of opportunity, operating losses, or commercial losses incurred by the Client.

6.3 The Service Provider shall not be held liable for any consequences resulting from incorrect, incomplete, or late information provided by the Client.

7. Force majeure

Neither party shall be held liable for any failure to fulfill its obligations resulting from a force majeure event as defined under Swiss law (including, but not limited to, accidents, natural disasters, pandemics, and major technical failures). The party prevented from fulfilling its obligations agrees to notify the other party as soon as possible.

8. Data protection

The processing of personal data in connection with the provision of services is governed by the Federal Data Protection Act (FDPA) and, where applicable, by the General Data Protection Regulation (GDPR).

9. Amendments to these T&C

The Service Provider reserves the right to modify these T&C at any time. The applicable version is the one in effect on the date the contract with the Client is entered into. Any modifications do not apply to contracts currently in effect, unless the Client expressly agrees otherwise.

10. Governing Law and Jurisdiction

10.1 These T&C are governed by Swiss law, in particular the Swiss Code of Obligations.

10.2 Any dispute regarding their interpretation or enforcement shall, in the absence of a prior amicable settlement, be subject to the exclusive jurisdiction of the courts of the canton where the Service Provider is headquartered.

10.3 The French version of these T&C shall prevail.